
aass_L^ 
Book . 



.^VHO 



REPORT 



OF 



The Commission to Examine and Revise 
tlie School Law of the State 



AND 



To Recommend Changes in 
the Same 



Columbia, S. C. 

Gonzales and Bryan. State Printers 

1910-1911 



REPORT 



OF 



The Commission to Examine and Revise 
tlie Scliooi law of tlie State 



AND 



To Recommend Changes in 
the Same 



Coliambia, S. C. 

Gonzales and Bryan, State Printers 

1910-1911 






Joint Resolution Creating the Commis- 
sion. 

A Joint Resolution to Provide for a Commission to Examine and 
Revise the School Law of the State, and to Recommend Changes 
in the Same. 

Section 1. Be it resolved by the General Assembly of the State 
of South Carolina, That the State Superintendent of Education, 
Inspector of High Schools, the President of one of the State Institu- 
tions of higher learning, one person familiar with graded and com- 
mon school systems, and one person learned in the law, are hereby 
constituted a Commission to carefully examine and revise the com- 
mon and high school laws of the State, with power to recommend 
any changes in the existing law by bill or otherwise, and shall report 
to the next session of the General Assembly. 

Sec. 2. That the members of said Commission, not herein specifi- 
cally designated, shall be appointed by the Governor. 

Sec. 3. The members of said Commission shall serve without com- 
pensation, but shall be paid actual necessary expenses, itemized state- 
ments of which shall be duly sworn to, be submitted to the General 
Assembly at its next session. 

Approved the 23d day of February, A. D. 1910. 

In pursuance of the above Joint Resolution, His Excellency, M. F 
Ansel, Gpvernor, appointed President D. B. Johnson, Superintendent 
S. H. Edmunds, and Hon. M. L. Smith to places on the Commission, 
and issued the necessary commissions to the members constituting 
the Commission. 



Report. 



Columbia, S. C, January 2, 1911. 
To the Honorable the General Assembly of the State of South 
Carolina : 

In obedience to the command of your honorable body, your Com- 
mission to Examine and Revise the School Law of the State, and to 
Recommend Changes in the Same, begs leave to submit the accom- 
panying report. The Commission has made a diligent study of our 
present school law, a careful comparison of the best school legisla- 
tion of other States, and has sought to incorporate in its report that 
which seems best adapted to our needs and condition. 

For your conveniece, the Commission offers its report in the form 
of parallel pages — the text of the proposed law being placed on the 
left-hand pages of the report, and the notes on the text on the right- 
hand. A glance at the report shows that comparatively few funda- 
mental changes are recommended. An efifort has been made to give 
unity and strength to the present law, and to add to the present law 
such features as seemed absolutely necessary to make the proposed 
law effective. 

The Commission does consider that the results of its labors are 
perfect, but it firmly believes that it has evolved a workable law 
which will speedily bring about some needed improvements in organ- 
ization and system, and one which will eventually give us an excel- 
lent system of public education. The members of the Commission 
made many individual concessions to the better judgment of the 
majority, and they unanimously and respeetfully recommend that this 
report become the School Law of the State. 

In the discharge of its duties the Commission has held the follow- 
ing meetings, each in Columbia : 

April 4, one session. 

April 16, one session. 

May 14, one session. 

June 4, one session. 

August 4, two sessions. 

August 31, three sessions. 

September 1, three sessions. 

September 2, one session. 

September 9, three sessions. 



September 10, one session. 
October 1, three sessions. 
October 15, two sessions. 
October 22, one session. 
November 12, three sessions. 
November 30, three sessions. 
December 17, two sessions. 
December 31, two sessions. 
January 2, one session. Total, 34 sessions. 

The Commission wishes to express its sincere thanks to your hon- 
orable body and to the Governor of the State, for the confidence 
reposed in its members by authorizing them to undertake so impor- 
tant a work for the children and the tax payers of the State. 
Respectfully, 

J. E. SWEARINGEN, 
State Superintendent of Education, Chairman, 
W. H. HAND, . 
State Inspector of High Schools, Secretary, 

D. B. JOHNSON, 
President of Winthrop College, 

S. H. EDMUNDS, 
Superintendent Sumter City Schools^ 

M. L. SMITH, 
Attorney at Law, Camden, S. C. 



Summary of Important Recomm^enda- 

tions. 

The Commission has endeavored to make a practical and progres- 
sive report. It has sought to retain the best features of the present 
law and to avoid radical or revolutionary changes. It has been 
compelled, however, to recommend some important and far-reaching 
alterations in order that the new school law may help to meet pres- 
ent needs and to improve present conditions. 

1. An amendment to Section 2, Article II, and to Section 24. Arti- 
cle III, of the Constitution, will remove the obstacle that prevents 
many of our best men from serving as school trustees. Though the 
Constitution forbids the holding of two offices, this provision has, by 
common consent, been widely disregarded. This amendment seeks 
merely to legalize service to education when rendered in connection 
with other service to the State. 

2. The State Superintendent of Education is held responsible for 
the acts of the State Board of Education, and, in the opinion of the 
Commission, he should have some voice in selecting its members. 
It is, therefore, recommended that Section 2, Article XI, of the Con- 
stitution, be amended so that henceforth the Governor shall appoint 
the State Board of Education, upon the recommendation of the State 
Superintendent. 

3. The Conmiission recommends the appointment of a State Board 
of Examiners for teachers in order that the present varying stand- 
ards may be harmonized by the establishment of a uniform method 
in the examination and gradation of applicants to teach. 

4. The County Board of Education is given larger powers in three 
important respects : 

a. To levy a special county tax. 

b. To apportion public school funds. 

c. To choose from eligible applicants the County Superintendent 
of Education to serve for a term of four years. 

5. The right of all special school districts organized under special 
Acts of the General Assembly to adopt their own text-books has 
been withdrawn. The State Superintendent of Education is 
empowered to appoint a text-book commission, composed of five 
public school men, to act concurrently with the State Board of Edu- 
cation to adopt a dual list of text-books and to prescribe unified 
courses of study for all the free public schools of the State. 

6. The members of the State Board of Examiners for teachers 
shall serve also as Division Supervisors of schools, who, under the 



direction of the State Superintendent, shall audit school accounts 
and perform such other duties as may be assigned. 

?. The County Superintendent of Education is to be elected by the 
County Board of Education, in order that restricted qualifications 
may be demanded of all applicants. The term of the County Super- 
intendent is made lour years, and the minimum salary in any county 
is $1,200. 

8. The State High School law is simplified and strengthened, and 
the high school appropriation increased to $75,000. 

9. The State Board of Education is authorized to classify under a 
recognized nomenclature the schools and colleges of the State. 

10. County Boards of Education and School District Boards of 
Trustees are made continuing bodies in order that a majority of their 
members may be able, at all times, to form legal contracts. 

11. An adequate system of reports is provided in order that school 
statistics may be rehable. 

12. The State Superintendent of Education is required to keep 
a correct account of all school bonds and tax levies provided for 
their retirement. 

18. Each County Superintendent of Education is required to sub- 
mit to the grand jury a written report showing, by school districts, 
all receipts and disbursements made by him. 

1-i. All alterations of whatsoever kind in school district lines must 
be recorded by the Clerk of Court. Since the school district has 
been made the unit of taxation for school purposes, it is absolutely 
necessary that school district lines be clearly and definitely estab- 
lished. 

15; The most fundamental change recommended in the report is 
the new definition of enrollment, which bases the apportionment of 
piiblic school funds on the average attendance of pupils. Under this 
definition the teacher, the school, and the district lose money every 
day a pupil is absent, and gain everv day he is present. 

16. An attempt is made to establish a permanent State school 
fund and a permanent building fund. 

17. The additional expenditures required by this report will be 
increased salaries for County Superintendents of Education, a small 
appropriation guaranteeing to each school district one separate 
school for three months for pupils of each race, the salaries of the 
Division Supervisors, all of which will impose only slight expendi- 
tures above present appropriations made either by the several coun- 
ties or by the General Assembly. 



Ainendinents to the Constitution. 



Art. II, Sec. 2. Every qualified elector shall be eligible to any office 
to be voted for, unless disqualified by age, as prescribed in this Con- 
stitution. But no person shall hold two offices of honor or profit at 
the same time : Provided, That any person holding another office 
may at the same time be an officer in the militia, a notary public, 
or a school trustee. 

Art. III. Sec. 34. No person shall be eligible to a seat in the Gen- 
eral Assembly while he holds any office or position of profit or trust 
under this State, the United States of America, or any of them, or 
under any other power, except officers in the militia, notaries public. 
■and school trustees. 

Art. XI, Sec. 2. There shall be a State Board of Education, com- 
posed of the Governor, the State Superintendent of Education, and 
not exceeding seven persons to be appointed every four years by the 
Governor upon the recommendation of the State Superintendent, of 
which board the Governor shall be chairman, and the State Superin- 
tendent of Education, secretary. This board shall have the regula- 
tion of the examination of teachers applying for certificates of quali- 
fication, and shall award all scholarships, and have such other powers 
and duties as may be determined by law. The traveling expenses of 
the persons to be appointed shall be provided for by the General 
Assembly. 



Notes. 

Art. II, Sec. 2. The present Constitution deprives the schools of 
the services of many of the most capable and patriotic men in the 
State — men who would gladly give their time and energies to the 
upbuilding of the schools. (The italicized words indicate the amend- 
ment recommended.) 

Art. Ill, Sec. 24. To conform to Art. II, Sec. 2. (The italicized 
words indicate the amendment recommended.) 



Art. XI, Sec. 2. The State Superintendent is directly responsible 
to the people of the State for the success or the failure of his admin- 
istration. Since this is true, he should have some voice in the selec- 
tion of his official advisers. The Commission feels that the Gov- 
ernor would regard such a change as a relief to him and a strength- 
ening of the school system of the State. (The italicized words indi- 
cate the amendment recommended.) 



10 



A Bill to Revise and Declare tne 
Sckool La^v. 



PRELIMINARY :— 

Section 1. A liberal and efficient system of free public education 
shall be maintained throughout the State. Separate schools and 
institutions of learning shall be provided for persons of the white 
and colored races ; and no child or person of one of these races shall 
ever be permitted to attend a school or educational institution pro- 
vided for children or persons of the other race. The system shall 
embrace elementary schools in every school district, or city or town 
where such city or town is not embraced in some school district, for 
the education of children between the ages of six and twenty-one 
years; high schools as hereinafter provided for; the University of 
South Carolina, Clemson Agricultural College, Winthrop Normal 
and Industrial College, The Citadel — The Military College of South 
Carolina, The Institution for the Deaf and the Blind, The State 
Colored Normal, Industrial, Agricultural, and Mechanical College; 
and such other special and technical schools as may, from time to 
time, be established and supported in whole or in part at public 
expense. 

Sec. 2. The free public school system of the State shall be admin- 
istered under the direction of the State Superintendent of Education, 
the Boards of Trustees of the University and other colleges or insti- 
tutions of higher learning, the State Board of Education, the State 
Board of Examiners for Teachers and Division Supervisors, the 
County Boards of Education, and the School District Boards of 
Trustees. 

STATE SUPERINTENDENT. 

Sec. 3. On the first Tuesday after the first Monday in November 
of even years, there shall be elected at the general election, by the 
qualified electors of the State, in the same manner as other State 
officers are elected, a State Superintendent of Education, who shall 
serve for a term of two years, and until his successor is elected and 
qualified. He shall possess the qualifications required by Sections 
3 and 4, Article II, of the Constitution, and shall enter upon the 
duties of his office when the Governor is inaugurated, and the other 
State officers are installed. Before entering upon the duties of his 



11 



Notes. 

Section 1. Almost identical with old law. 



Sec. 2. Old law. 



Sec. 3. The material change in this section is the increase in the 
salary of the State Superintendent. Upon this question the present 
.Superintendent not only declined to vote, but al^o, while realizing 
that the increase would not affect his salary, expressed the fear that 
the suggestion of an increase coming from a commission of which he 
is a member, would appear to be indelicate. The Commission, how- 
ever, has overruled his objection, and has not hesitated to put itself 
on record as favoring a more adequate compensation for services so 
valuable to the people of the whole State. Other States of the Union 
have recognized in a substantial way the importance of the office 



12 

office, he shall give bond, for the use of the State of South Carolina, 
in the penal sum of five thousand dollars, in some surety 
company authorized and licensed to act as surety on bonds 
of public officials in this State, the premium on which bond 
shall be paid by the State, or with individual sureties, to be approved 
by the Governor, conditioned for the faithful and impartial per- 
formance of the duties of his office ; and he shall, also, at the time of 
giving bond, take and subscribe to the oath prescribed in Section 26, 
Article III, of the Constitution of this State. His bond shall be 
filed with the Secretary of State, and by him recorded, and when so 
recorded, shall be filed with the State Treasurer. The State 
Superintendent of Education shall receive as compensation for his 
services the sum of twenty-five hundred dollars per annum, payable 
monthly out of the State Treasury, upon the warrant of the Com.p- 
troller General ; and his traveling expenses, not exceeding six hun- 
dred dollars per annum, shall be paid out of the State Treasury upon 
duly itemized accounts rendered by him. 

DUTIES OF THE STATE SUPERINTENDENT. 

Sec. 4. It shall be the duty of the State Superintendent of Edu- 
cation, and he is authorized : 

1. To have general supervision over all the schools of the State 
supported in whole or in part from the public school funds. 

2. To visit, either in person or through the Division Supervisors, 
or other representatives, every county in the State as often as practi- 
<:able for the purpose of inspecting the schools, awakening an interest 
favorable to the cause of education, and diffusing as widely as possi- 
ble, by public addresses and personal communications with school 
officers, teachers, and parents, a knowledge of existing defects and of 
desirable improvements in the government and instruction of said 
schools. 

3. To secure, by and with the advice of the State Board of Educa- 
tion, uniformity in the use of text-books throughout the free public 
schools of the State, and to forbid the use of sectarian or partisan 
books and instruction in the free public schools. 

4. To prepare and transmit to the several County Superintendents 
of Education school registers, blank certificates, reports and such 
other suitable blank forms, and printed instructions as may be neces- 
sary to aid school officers and teachers in making their reports and 
carrying into full effect the various provisions of the School Law of 
this State. 



13 

of State Superintendent of Education, and South Carolina cannot 
longer afford to be behind in a similar expression of its appreciation. 



Sec. 4. Sub. 1. Old law. 



Sub. 2. This subdivision shows one great advantage to be gained 
by having Division Supervisors ; for through these officers the State 
Superintendent will be enabled to keep closely in touch with the edu- 
cational interests throughout the State. 



Sub. 3. Reasons for this change from the old law are given under 
Sub. 6, of Sec. 11. 



Sub. 4. Old law. 



14 

5. To cause the law relating to the free public schools, together 
with such rules, regulations, forms and instructions as shall be legally 
prescribed, to be printed, together with a suitable index, in pamphlet 
form, at the expense of the State; and to transmit copies of the same 
to the several County Superintendents of Education for distribution. 

6. To collect in his office such school books, apparatus, maps and 
charts as can be obtained. 

7. To certify copies of all papers in his office, and such certified 
copies shall be competent evidence thereof. 

8. To hold annually a convention of the County Superintendents 
of Education in the State at such time and place as he may deem con- 
venient, for the discussion of questions pertaining to the supervision 
of schools, the administration of the school laws, and other subjects 
affecting the welfare and interests of the public schools; and it shall 
be the duty of every County Superintendent of Education in this 
State to attend said convention during its entire session ; and he shall 
be paid, out of the special county tax hereinafter provided for, his 
actual hotel and traveling expenses incurred in attending said con- 
vention. 

9. To require annually, on or before the 15th day of August, of 
the County Superintendents of Education, and of the president, 
principal, or official head of every educational institution or system 
of schools in this State, a report of such statistics as he may pre- 
scribe, relating to the number of pupils, and instructors, courses of 
study, cost of tuition, and the general condition of the institution or 
schools under their charge, and such other facts as he may deem of 
public interest, arranged m such form as he may prescribe. To 
furnish blank forms for such reports, and send the same to such 
officers, or institutions during the month of May in each year. It is 
hereby made the duty of every County Superintendent of Education, 
and of every such president, principal, or official head of any educa- 
tional institution or school, to fill out and return such blanks within 
such time as the State Superintendent of Education may direct. If 
such report shall not be made within the time required, it shall be the 
duty of the State Superintendent of Education to appoint some suit- 
able person to secure the information desired, and to fix a reasonable 
compensation for the person so acting, which shall be paid by the 
delinquent officer. It shall be the duty of all private educational 
institutions chartered under the laws of the State, to make such 
reports furnishing such information, and to fill out such blanks for 
that purpose, as may be required by the State Superintendent of 



16 
Sub. 5. Old law. 



Sub. 6. Old law. 

Sub. 7. Old law. 

Sub. 8. It will be exceedingly profitable to have all of the County 
Superintendents of the State assemble at least once a year to discuss 
matters pertaining to the educational advancement of their respective 
counties. 



Sub. ,9. In order that the statistics of the State Superintendent 
may have real significance, it is highly important that the reports of 
all school officers be complete and be promptly sent in. 



16 

Education. All State institutions of higher learning shall make an 
annual report to the State Superintendent of Education, embracing a 
detailed account of the operations of such institution, including the 
expenditure of public moneys for the preceding scholastic year. 

10. To keep in his office at the capital of the State, all books and 
papers pertaining to the business of his office, and to keep and pre- 
serve in his office a complete record of statistics, and all matters 
pertaining to the educational interests of the State. 

11. To be ex oftlcio Secretary of the State Board of Education, 
and the custodian of its papers, records and effects. He shall also 
be an ex officio member of the Boards of Trustees of such educational 
or charitable institations as may be designated by law. 

12. To authorize, in his discretion, the Division Supervisors, 
County Superintendents of Education, and County Boards of Educa- 
tion, to hold teachers' institutes, and to defray the cost and expenses 
of such institutes out of the special county tax hereinafter provided 
for. 

13. To submit to the General Assembly, through the Governor, an 
annual report, showing: 

a. The number of free public schools in the State. 

b. The number of teachers of each sex and race employed therein. 

c. The number of pupils enrolled as hereinafter defined, and the 
number in actual attendance, classified according to sex and race. 

d. The amount of school revenues received and expended during 
the scholastic year ending June 30th last preceding. 

e. The per capita expenditure per pupil by counties. 

f. The average salaries paid teachers classified by sex and race. 

g. The number of teachers' certificates issued upon examination 
or otherwise, by the State Board of Education, or the State Board 
of Examiners for Teachers. 

h. The number of schoolhouses erected during the year, and their 
cost and material. 

i. The amount of bonded indebtedness existing for school pur- 
poses, and the number of school districts levying a special tax. 

j. The counties in which teachers' institutes were held. 

k. Any plans or recommendations which he may deem necessary 
for the improvement of the public schools. 

1. A detailed account of the operations and expenditures of the 
institutions of higher learning supported by the State. 

m. Any other facts, statistics or information, which he may deem 
advisable, or the General Assembly may require. 



17 



Sub. 10. Old law. 



Sub. 11. Old law. 



Sub. 12. County Summer Schools have distinctive features that 
render them peculiarly beneficial. To make it possible to have them 
is but one benefit to be derived from the special county tax. 



Sub. 13. No one will question the advisability of a complete repart 
from the. State Superintendent to the General Assembly. 



18 

14. To ascertain and keep a record of the amount of bonded 
indebtedness of each school district in the State, and any sinking fund 
created or existing for the Hquidation of such bonded indebtedness. 

15. To dehver over to his successor, at the expiration of his term 
of office, all records, books, maps, documents, anci papers of whatever 
kind belonging to his office. 

16. To exercise such other powers and perform such other duties 
as may be required by law. 

Sec. 5. The State Superintendent of Education shall be provided 
with a suitable office, and shall be allowed fifteen hundred dollars 
for an assistant, and seven hundred and twenty dollars for a stenog- 
rapher. 

Sec. 6. Any vacancy in the oftice of the State Superintendent of 
Education shall be filled by the Governor, by and with the advice 
and consent of the Senate. If the vacancy occurs during the recess 
of the Senate, the Governor shall fill the same by appointment until 
the Senate can act thereon. 

STATE BOARD OF EDUCATION. 

Sec. 7. The State Board of Education shall be composed of the 
Governor, the State Superintendent of Education, and five members 
to be appointed by the Governor upon the recommendation of the 
State Superintendent of Education. The members thus appointed 
shall serve for a term of four years, unless sooner removed from 
office, and until their successors are appointed and qualified : Pro- 
vided, That the appointive members of the present State Board shall 
serve out the terms for which they were appointed. At least three 
of the appointive members shall be professional teachers regularly 
employed in educational work. 

Sec. 8. The Governor shall be ex officio chairman, and the State 
Superintendent ex officio secretary, of the State Board of Education. 
The secretary shall be the custodian of its records, papers and effects, 
and shall keep, minutes of its proceedings ; said papers, records and 
minutes shall be kept in the office of the State Superintendent of 
Education, and shall at all times be open to inspection. 

Sec. 9. The State Board of Education shall meet upon the call of 
its chairman, upon the request of its secretary, or upon the written 
request of three of its members, at the office of the State Superin- 
tendent of Education, or at such other place as may be designated 
in the call. A majority of its members shall constitute a quorum 
for transacting business. The official seal of the State Superintend- 



19 

Sub. 14. The wisdom that makes it possible for the State Super- 
intendent to keep in intimate touch with the educational interests of 
the State demands that he should know the financial standing of 
each district. 

Sub. 15. Old law. 

Sub. 16. Old law. 

Sec. 5. The assistant to the State Superintendent is more than a 
clerk. He must be a man of experience and ability, of sound judg- 
ment and of clear insight into the plans and purposes of the State 
Superintendent. It is not just to pay one thus qualified a salary 
smaller than the one here named. 

Sec. 6. Old law. 



Sec. 7. The Commission thinks five appointive members sufficient. 
Since the State Superintendent of Education is elected by the people, 
and is directly responsible to the people for the success or faihire of 
his administration, he should have a voice in the selection of his 
Board. The Governor is relieved of some of the responsibility rest- 
ing upon him under the old law. It is thought highly desirable to 
have the Board composed in part of experienced teachers. 



Sec. 8. Old law. 



Sec. 9. Practically old law. 



20 

ent of Education shall be used for the authentication of the acts of 
the State Board. 

Sec. 10, The members of the State Board of Education, appointed 
by the Governor, when in attendance on meetings of the Board, and 
when serving on committees thereof, shall be paid their actual hotel 
and traveling expenses. 

Sec. 11. It shall be the duty of the State Board of Education, and 
it is authorized : 

1. To adopt such rules and regulations, not inconsistent with the 
laws of the State, as are necessary for its own government and for 
carrying into effeci; the statutes relating to education. 

2. To make all needful rules and regulations for the management 
and conduct of the free public schools, which rules and regulations, 
when officially published and distributed, shall have the force and 
effect of laiv, subject to repeal, revision or amendment by the State 
Board of Education or the General Assembly : Provided, That noth- 
ing in such rules or regulations shall conflict with the letter or spirit 
of the school law. 

3. To appoint three Division Supervisors, who shall serve also as 
a State Board of Examiners for Teachers. 

4. To appoint County Boards of Education. 

5. To review, on appeal, an order revoking a teacher's certificate. 

6. To adopt, with the aid of the Text-Book Commission below 
mentioned, a dual list of text-books for the free pubHc schools of 
the State. On the first Tuesday of February, or as soon thereafter 
as practicable, in each year during which text-books are to be adopted 
for use in the schools, the State Superintendent of Education shall 
appoint a Commission, composed of five public school men, who shall 
have the same voice in the selection of such text-books as the niem- 
bers of the State Board of Education, and whose expenses, while 
attending the meetings of the Commission, shall be paid in the same 
way as the expenses of the members of the State Board of Educa- 
tion appointed by the Governor. All meetings at which the adoption 
of text-books is considered shall be in a joint session of the State 
Board of Education and of said Text-Book Commission. The meet- 
ing at which the adoption is finally made shall be open to the public. 
Following the meeting at which the adoption of text-books is made, 
there shall be, as early as practicable, another joint session of the 
State Board of Education and the Text-Book Commission to pre- 
scribe unified courses of study for use in the public schools of 
the State. 



21 



Sec. 10. Per diem in old law is changed to actual expenses. 



Sec. 11. Sub. 1. Old law. 



Sub. 2. Old law amplified.. 



Sub. 3. Power of the old law extended to a new Board. 

Sub. 4. Old law. 

Sub. 5. Old law. 

Sub. 6. A dual list does not mean that two texts shall be named 
for every branch of study ; but is intended to give some elasticity, so 
that suitable texts may be selected for long and short term schools. 
A dual list will secure practical uniformity without working a hard- 
ship to schools of different lengths in terms. This change from the 
old law makes the creation of a text-book commission to act in con- 
junction with the State Board of Education exceedingly desirable. 

In creating a text-book commission, it is not intended in any way 
to interfere with the powers of the State Board of Education ; but 
simply to give the Board the benefit of the co-operation of five school 
men whose successful experience should render such co-operation of 
very great value. Since these adoptions will be more far-reaching 
than ever before, it is of the greatest importance that they be made 
only after the most careful consideration by men, not only entirely 
cempetent, but fairly representative of the varied educational inter- 
ests of the State. 



23 

Any teacher employed in the free pubhc schools of this State, who 
shall require the purchase and use of any book or books other than 
those adopted by the State Board of Education and the Text-Book 
Commission, shall forfeit his or her salary during the term said 
unauthorized books are used in such school : Provided, That no 
such forfeiture shall be made except upon the written order of the 
chairman of the County Board of Education and the County Super- 
intendent of Education, said order to be subject to review on appeal 
by the State Board of Education. 

7. To enter into a contract or an agreement with the publishers of 
the books prescribed for use as above provided, fixing the period of 
adoption, and the price above which the books shall not be retailed 
during the period of adoption, and the rate of discount at not less 
than which the books shall be furnished to retail dealers in this State : 
Provided, That the State Board of Education shall not have power 
without the permission of the General Assembly to change an}^ text- 
book within five years from the date of its adoption, except for vio- 
lation of the contract or agreement entered into by its publisher? with 
the State Board of Education ; for which last mentioned cause any 
book may be changed and another substituted therefor by the State 
Board of Education. 

8. To make the establishment of a county depository of text-books 
optional with the County Board of Education. 

9. To prepare and distribute plans and specifications for the con- 
struction and equipment of school buildings. 

10. To prescribe rules and regulations for the distribution of all 
funds set aside for the aid and encouragement of elementary schools, 
high schools, libraries, school buildings, and all school equipment, 
unless the distribution of said funds be otherwise provided for. 

11. To provide for the inspection and classification under a recog- 
nized nomenclature of the public schools of the State, including high 
schools, and the colleges and universities operating under charters 
granted under the laws of this State. 

3 3. To prescribe all necessary regulations for the apportionment 
and disbursement of the State appropriations for aid to high schools : 
Provided, That no aid shall be given any high school unless the dis- 
trict or districts composing the high school district are levying or 
shall levy as much as a two mill special school tax : Provided, fur- 
ther, That no high school shall receive aid from the State appropria- 
tion unless it has at least twenty-five high school pupils and two 
high school teachers : Provided, further, That the Board may give 



23 



Since the privilege of text-book adoption is withdrawn from spe- 
cial school districts, the appointment of a text-book commission will 
guarantee a continuance, in part, of the constructive influences sup- 
plied by the educational leaders in the towns and cities of the State. 



Sub. 7. A binding contract with all publishers of the text-books 
adopt,ed is necessary in order to render the adoption effective. 



Sub. 8. Since a County Depository of text-books is maintained 
in so few counties, the Commission thinks best to make its establish- 
ment optional and not obligatoiy. 

Sub. 0. Provides for a needed service to district trustees without 
expense to them. 

Sub. 10. Old law. 



Sub. 11. The State should inspect and classify all the institutions 
it supports. If the State charters an institution, then contracts to 
accept the graduates of such institution as teachers of the schools 
supported by the taxes of the people, it is highly important that the 
work done in such institution be inspected and classified by the 
State. This is a protection to efficiency, and at the same time pro- 
tects the people against inefficiency. 

Sub. 12. Old law, except that a part of unexpended appropria- 
tions, beyond the five per cent, limit, may be given to any county 
offering high schools entitled to more than five per cent, of the appro- 
priation. 



24 

aid to a rural school or village school with but fifteen high school 
pupils and one high school teacher : Provided, further, That no 
county shall receive more than five per cent, of the annual appropri- 
ation by the State in aid of high schools, unless there should be in 
any year an unexpended balance of the appropriation after all the 
accepted schools have been given their pro rata share of that appro- 
priation, in which case more than five per cent, may be given any 
county. 

13. To award all scholarships in institutions supported in whole 
or in part at public expense. 

14. To apportion among the several counties the income derived 
from the State School Fund. 

15. To review, upon appeal, all rulings and decisions of the State 
Board of Examiners and Division Supervisors, and the County 
Boards of Education, and to affirm, reverse or modify the same In 
all such appeals a written notice thereof setting forth the questions 
of fact and of law involved, must be served within ten days after the 
filing of the order appealed from, upon the secretary of the Board 
from whose order or action the appeal is taken, upon the adverse 
parties, if any, and upon the secretary of the State Board of Educa- 
tion. Within twenty days thereafter the original record or certified 
copies of all testimony, records and papers which were before the 
board or officer appealed from, must be filed in the office of the secre- 
tary of the State Board of Education. The appeal must be thus 
perfected at least ten days before the meeting at which the appeal is 
to be heard. The decision of the State Board of Education shall be 
final upon the matters at issue. 

DIVISION SUPERVISORS. 

Sec. 12. There shall be appointed by the State Board of Education 
three Division Supervisors, who shall constitute the State Board of 
Examiners for Teachers, and who shall have full power and author- 
ity, subject to review of their action by the State Board of Educa- 
tion : 

1. To formulate a system for the examination and certification of 
teachers in the public schools. 

2. To grant teachers' certificates, which shall be valid throughout 
the State. 

3. To revoke teachers' certificates for immoral or unprofessional 
conduct or evident unfitness for teaching. 



25 



Sub. 13. Old law. 

Sub. 14. Old law. 

Sub. 15. Powers under old law extended to new Board already 
mentioned, and procedure in appeals made more definite. 



Sec. 12. A new Board already mentioned. 



Sub. 1-3. Such a Board is necessary in order to systematize the 
present chaotic plan of examining teachers and granting certificates. 
Under the present plan we have 43 standards, and in some cases no 
standard at all. A certificate issued in one county may not be valid 
in another. Many wholly incompetent teachers are being paid the 
children's money without rendering adequate service. 



26 

No diploma or certificate from any university, college or normal 
school, or other institution of learning, shall exempt the holder from 
examination as to his or her qualifications to teach, unless the course' 
of study pursued by the holder in such institution, and the character 
of work done in such course, have been approved by the State Board 
of Education and the State Board of Examiners for Teachers. 

Sec. 13. The State Board of Examiners for Teachers shall keep a 
record of its proceedings, and a register of the name, age, sex, 
color, residence, and date of certificate, of each person to whom a 
teacher's certificate is issued, and in case the certificate is revoked, 
shall make an entry and record of such revocation. The Board shall 
elect one of its members chairman, and another secretary. 

Sec. 14. The first three Division Supervisors, constituting said 
Board of Examiners for Teachers, shall be appointed for terms of 
tv/o, four and six years each, respectively, and until their respective 
successors shall have been appointed and qualified. Such successors 
shall hold office for a term of six years each, except in the case of 
appointments to fill vacancies caused by death, resignation or removal 
from office, in which case, the appointee shall hold the office for only 
the unexpired term of his immediate predecessor ; so that the term of 
one of the said Division Supervisors shall expire every second year. 

Sec. 15. In addition to the duties prescribed in Section 1?, each 
of the said Division Supervisors shall, under the direction of the 
State Superintendent of Education, visit and inspect the schools of 
the State, supervise the teaching in the free public schools, audit 
school accounts, and assist the State Superintendent of Education in 
the performance of srch of his duties as he may see fit to delegate to 
them. 

Sec. 16. The said Division Supervisors shall receive an annual 
salary of fifteen hundred dollars each, to be paid in the same manner 
as the salaries of the State officers ; and each of them shall be allowed 
the further sum of three hundred dollars for traveling expenses 
incurred in the performance of his dutife's, to be paid upon duly 
itemized vouchers. 

COUNTY BOARD OF EDUCATION. 

Sec. 17. There shall be in each county a County Board of Educa- 
tion, composed of three members to be appointed by the State Board 
of Education. The term of office of each member of the said County 
Board of Education shall be six years, and until his successor is 
appointed and qualified ; except in the case of members appointed to 



87 

This paragraph insures the enforcement of the spirit of the old 
law. 



Sec. 13. Defines some of the duties of this Board. 



Sec. 14. Defines the term of service, and insures permanence to 
the policies of the Board. 



Sec. 15. Additional duties prescribed. All the time of each mem- 
ber of this Board must be given to actual service. A checking of 
school accounts is sometimes imperative. 



Sec. 16. Fully competent men are required. Less than the pre- 
scribed salary will not secure such men as are required for the 
work. 



COUNTY BOARD OF EDUCATION. 

Sec. 17. This section secures stability and continuity in the work 
of the County Board of Education. It does not include the County 
Superintendent of Education as a member, because the plan is to 
have the County Board of Education select him. The Commission 



28 

fill vacancies caused by death, resignation or removal from office, in 
which cases the appointee shall hold the office for only the unexpired 
term of his immediate predecessor : Provided, however. That the 
members of the first County Board of Education appointed under the 
provisions of this section shall hold office for two, four and six years, 
respectively, the term of each to be designated in the order of the 
State Board of Education for his appointment. No person shall be 
eligible to appointment as a member of the County Board of Educa- 
tion who is not a qualified elector in the county. 

Sec. 18. The County Board of Education shall meet and organize 
on the first Tuesday in July of odd years by electing one of their 
number chairman. The County Superintendent of Education shall 
serve as secretary of said Board without additional compensation. 

Sec. 19. The County Board of Education shall meet upon the call 
of its chairman, upon the request of its secretary, or upon the written 
request of two of its members, at the office of the County Superin- 
tendent of Education, unless some other place is designated in the 
call. A majority of said Board shall constitute a quorum to transact 
business. The County Superintendent of Education shall be the 
custodian of the records, papers and effects of the County Board of 
Education, and shall keep minutes of its proceedings. Said papers, 
records and minutes shall be kept in the office of the County Superin- 
tendent of Education, and shall at all times be open to inspection. 

Sec. 20. The members of the County Board of Education shall 
each receive a per diem of live dollars, for not exceeding twenty 
days in each scholastic year, while engaged in the performance of 
their duties. 

Sec. 21. The County Boards of Commissioners of the several 
counties are authorized and required to furnish the County Board 
of Education and the County Superintendent of Education with a 
comfortable and convenient office and suitable office furniture, and 
to supply said office with fuel, lights, stationery, postage, and such 
other incidentals as are necessary to the proper transaction of official 
business. 

Sec. 22. The County Board of Education shall have power, and it 
shall be its duty : 

1. To apportion among the school districts of their respective 
counties, the annual three-mill school tax, provided for by the Consti- 
tution, in proportion to the number of pupils enrolled in the public 
schools of such school districts. 



29 

is convinced that only in this way can expert supervision be secured 
for the rural schools. 



Sec. 18. Practically old law, except as to time of meeting. 



Sec. 19. Practically old law. 



Sec. 20. Compensation Hmited to a per diem. The allowance of 
mileage in the old law is stricken out. The number of days' service 
has been made the same in all counties, owing to the increased duties 
of the Board. 

Sec. 21. Old law. 



Sec. 22. Sub. 1. Old law. 



30 

2. To ascertain, through its secretary, from the County Treasurer, 
the amount of poll taxes, capitation dog taxes, and all local or dis- 
trict taxes collected in and for each school district in the county ; 
and to notify the County Treasurer, the School District Trustees of 
each school district, and the State Superintendent of Education of 
the estimated apportionment of the constitutional three-mill tax, 
together with the amount of other revenues available in each school 
district for school purposes for that school year. 

3. To levy, and to require the County Auditor to assess, and the 
County Treasurer and other ofificers to collect, a special county tax, 
not to exceed one mill on the dollar on all the taxable property within 
the county, the proceeds of which tax shall not constitute any part 
of the school funds; but when collected, shall be disbursed by said 
County Board of Education, and devoted to the specific purpose of 
providing for expert supervision of the schools, the establishment or 
maintenance of libraries, teachers' institutes, buildings and other 
kindred uses : Provided, That all estimates of the County Board 
of Education for such special levy, be first submitted to, and 
approved by, the State Board of Education, before the levy is actu- 
ally made, and entered upon the tax duplicates of the county. Such 
special county tax when levied shall be collected at the same time, 
and by the same officers, as other county taxes for the same year : 
and shall be held in the county treasury, and expended only upon the 
warrant of the County Board of Education, countersigned by the 
County Superintendent of Education. 

4. To select and employ for a term of four years a suitable expert, 
as hereinafter provided for, as County Superintendent of Education, 
and to fix his salary, which shall be paid out of the special county 
tax : Provided, That no County Superintendent of Education shall 
be paid less than twelve hundred dollars a year. 

5. To appoint the School District Trustees in each school district, 
and to remove them for cause, and to fill vacancies in the School 
District Boards of Trustees as they may occur : Provided, That noth- 
ing in this subdivision of this section shall apply to special school 
districts vested by their charters or special Acts of the General 
Assembly of this State with special powers and privileges as to the 
selection of their trustees. 

6. To divide their respective counties into convenient school dis- 
tricts, as compact in form as practicable, having regard to natural 
boundaries, and not to exceed forty-nine or be less than nine square 
miles in area, and to alter the Hues thereof ; and, also, upon the writ- 



31 

Sub. 3. Improvement on old law in keeping record and reporting 
upon available school revenues. 



Sub. 3. Provides for the raising of money to pay the County 
Superintendent of Education, to establish and maintain libraries, 
teachers' institutes, and other kindred uses in a different man- 
ner from that now provided in the old law; but the county school 
taxes are not necessarily increased by it to any considerable extent. 
The change proposed is necessary to enable the County Board of 
Education to employ an expert to supervise the rural schools and 
take the office of County Superintendent of Education out of 
politics. 



Sub. 4. This is probably the most vital provision of the proposed 
new law. It vests the selection of the County Superintendent of 
Education in the County Board of Education and enables that Board 
to employ an expert for the supervision of the public schools. 

Sub. 5. Old law. 



Sub. 6. Practically old law with a few minor changes. Present 
school laws on these subjects collected, condensed and harmonized 



32 

ten petition of the majority of the qualified electors and resident 
freeholders of the district affected, to consoHdate districts, and to 
create new districts. The present division of the counties into school 
districts shall remain until changed by the County Boards of Edu- 
cation. Whenever it is desired to unite into one school district 
adjoining territory in two or more counties, this may be done by the 
joint action of the Boards of Education of the respective counties. 
A school district thus formed may be dissolved in the same way. 
Whenever a school district is divided, or the lines thereof altered, 
or a new school district formed, it shall be the duty of the County 
Boards of Education to have a survey of such school district made 
by some competent surveyor, and a plat made thereof, showing the 
correct boundaries, and filed in the office of the Clerk of Court for 
such county or counties. The County Boards of Education are 
authorized and empowered to have school district surveys made of 
their counties, to define the boundaries thereof, and to have the plats 
showing such boundaries recorded in the office of the Clerk of 
Court ; and to pay the expenses for such surveys, plat, and recording 
out of the special county tax provided for in subdivision 3 of this 
section. 

Whenever a municipality constituting a school district extends its 
corporate limits, the boundaries of the school district shall at the 
same time become coincident with the boundaries of such town or 
city. Whenever a school district shall increase or decrease its area 
contrary to constitutional limitations, it shall forfeit the right to 
receive any State public school funds. 

7. To regulate the establishment in each school district of a suffi- 
cient number of schools to provide adequate educational facilities 
for all children between the ages of six and twenty- one years. 

8. To prohibit the estabhshment of any free public school. No 
such school shall be opened with fewer than ten pupils, except 
upon the written permission of the County Board of Education : 
Provided, That this permission shall not be granted if the proposed 
school is, by the nearest passable road, within two and one-half miles 
of any other organized school for pupils of the same race. 

9. To act as a tribunal or court, for determining any matter of 
local controversy in reference to the construction or administration 
of the school law, with power to summon witnesses, administer oaths 
and take testimony when necessary. The decision of the County 
Board of Education shall be binding upon the parties to such con- 
troversy : Provided, That either or any of the parties affected by 



33 



Sub. 7. Practically old law. 



Sub. 8. Prevents hurtful multiplication of neighborhood schools 
and consequent waste of public funds. 



Sub. 9. Old law. 



such decision shall have the right of appeal to the State Board of 
Education as provided in subdivision 15, of Section 11. 

10. To review on appeal the orders, and action, of the School Dis- 
trict Boards of Trustees within their counties. 

1 1. To recommend that the State Board of Examiners revoke for 
immoral or improper conduct or evident unfitness for teaching, any 
teacher's certificate. 

12. To pass upon all petitions for the voting of special tax levies 
in any school district in their counties, for the voting of bonds, or 
for the establishment of high schools in such districts. 

13. To transfer pupils from a school district in one county to a 
district in an adjoining county, with the consent of both of the 
County Boards of Education and of both Boards of School Dis- 
trict Trustees. 

COUNTY SUPERINTENDENT OF EDUCATION. 

Sec. 23. At the expiration of the term of ofhce for which the pres- 
ent County Superintendents of Education have been elected, the 
County Board of Education of each county shall select and employ a 
County Superintendent of Education, who may be chosen from eligi- 
ble applicants, either in or out of the county: Provided, That the 
terms of the present County Superintendents shall extend to the end 
of the scholastic year during which said terms would have expired 
according to existing statutes. Before entering upon his duties, 
the County Superintendent of Education shall give bond for the 
faithful performance thereof, in the sum of three thousand dollars, 
either with some surety company authorized and licensed to act as 
surety upon the bonds of public officers in this State, the premium 
upon which bond shall be paid out of the special county tax above 
provided for, or with individual securities, to be approved by the 
County Board of Commissioners ; conditioned for the faithful per- 
formance of his duties. 

Sec. 24. The County Superintendent of Education shall be com- 
missioned by the chairman and secretary of the State Board of 
Education, upon evidence being submitted to that Board of his 
appointment and employment by the County Board of Education. 

Sec. 25. The County Superintendent of Education shall have the 
following qualifications : 

1. He shall be not less than twenty-five years of age at the time 
of his selection and employment. 



35 



Sub. 10. Old law. 
Sub. 11. Practically old law- 
Sub. 12. Old law. 
Sub. 13. Old law changed. 



COUNTY SUPERINTENDENT OF EDUCATION. 

Sec. 33. It is very generally agreed that the efficiency of any sys- 
tem of schools must depend more upon the quahty of the supervision 
than upon any other one agency. There has been a very general 
demand in the State for som^ time that some means be devised to 
secure expert supervision for the rural schools. The Commission 
has felt that it was one of its most imperative duties to supply this 
most pressing need of the schools and to meet the insistent demand 
of the people for this urgent reform. 



Sec. 34. The County Superintendent of Education is made an 
employee of the County Board of Education and not an office- 
holder. 



Sec. 35. Sub. 1-3. Insures maturity and professional experience 
on the part of the C^ounty Superintendent of Education, and by pre- 



36 

2. He shall have been a resident of the State for not less than one 
year prior to his selection. 

3. He shall have served as a regular teacher or superintendent in 
some organized school or school system at least two scholastic years 
before he is eligible to the position. 

Sec. 26. It shall be the duty of the County Superintendent of 
Education, and he is authorized : 

1. To have general supervision of the public schools of the county, 
and to give his entire time to their administration. 

2. To hold meetings for the instruction of the teachers of his 
county in the arts of teaching and school management. 

3. To visit, as often as practicable, the schools of the county, and 
to give such advice as the needs of the schools may, in his judgment, 
demand. 

4. To act as secretary of the County Board of Education ; to keep 
a full record of its acts and proceedings, which record shall at all 
times be open to inspection ; and to be the custodian of all records, 
property and effects of said Board. 

5. To keep in proper form, and subject to inspection, a record and 
full account of all school moneys and funds received and disbursed 
in the county. 

6. To ascertain the amount of taxes collected, and funds applica- 
ble to school purposes in each school district of the county. 

7. To aid the County Board of Education in apportioning the con- 
stitutional three-mill school tax as provided in subdivision 1, of 
Section 22. 

8. To notify, as soon as possible, the County Treasurer, and the 
School District Trustees, of the apportionment of school taxes, and 
the funds applicable to school purposes in each school district. It 
shall be the duty of the County Treasurer to enter upon his books, to 
the credit of each school district, the amount due such district accord- 
ing to the certificate of apportionment, and the County Treasurer 
shall pay out the moneys belonging to the respective school districts, 
upon the school warrants, signed by a majority of the trustees of 
such school district, and countersigned by the County Superintendent 
of Education, for that scholastic year in the order of their presenta- 
tion : Provided, There are no outstanding claims for the previous 
scholastic year which should be first paid, under the provisions of 
.Section 58 ; and the Comptroller General shall allow the warrants 
thus paid as proper vouchers in the hands of the County Treasurer. 



37 

scribing qualifications makes it imperative that the County Superin- 
tendent be selected by a Board. 



Sec. 26. Sub. 1. Whole time demanded. 

Sub. 2. Practically old law. 
Sub. 3. Old law. 

Sub. 4. Old law. 

Sub. 5. Old law. 

Sub. 6. Old law. 

Sub. 7. Practically old law. 

Sub. 8. Old law. 



38 

9. To examine and approve all proper claims of every description 
whatsoever, which are chargeable against the funds raised for the 
support of the public schools, and countersign all proper warrants 
issued b)^ the School District Boards of Trustees for the payment 
of such claims as shall be approved by him. 

10. To keep a record or register of all school claims approved by 
him, and of such other matters as the State Superintendent of Edu- 
cation may direct, and in the form prescribed by said State Superin- 
tendent. 

11. To make an annual report, by school districts, of all receipts 
and disbursements of the school funds of the county, or school 
districts therein, filed, audited, approved, allowed and ordered paid 
during each scholastic year to the presiding Judge at the fall term 
of the Court of General Sessions for his county; which report shall 
be submitted by said Judge to the grand jury for examination by 
them. After such examination the grand jury shall report thereon 
to the Court any matter growing out of, or pertaining to, said annual 
report, which may seem worthy of the attention of the Court. 
The said report shall thereupon be filed by the Clerk of said Court, 
and be kept as a record of said Court for inspection by any citizen 
desirous of examining the same. 

12. To make an annual report to the County Treasurer, on or 
before the 15th day of July, of all school claims, arranged by school 
districts, approved by him during the preceding scholastic year. 
The County Treasurer shall thereupon close the school accounts 
for that year, and carry over any balance to the credit of any school 
district at the end of the preceding scholastic year to its credit for 
the current scholastic year. 

13. To furnish the School District Boards of Trustees of each 
district in his county with copies of the reports made to him by the 
County Auditor as to the persons assessed or listed, and paying poll 
taxes, or returning dogs for taxation; and to aid the trustees in 
securing all proper corrections to be made in such lists. 

14. To be present at the annual settlement of the County Treas- 
urer with the County Auditor, and then and there produce in the 
office of the County Auditor, the duplicates of claims allowed or 
approved by him, and ordered paid out of the school funds, and 
vouch thereby each amount presented by the County Treasurer for 
a credit in his settlement for the amount of school funds and taxes 
which are charged against him as County Treasurer. 



39 
Sub. 9. Old law. 



Sub. 10. Old law. 



Sub. 11. Practically old law with important additions. 



Sub. 13. Practically old law with protection to the Treasurer. 



Sub. 13. Old law. 



Sub. 14. Practically old law. 



-10 

15. To make, through the County Board of Education to the State 
Superintendent of Education, an annual report, and any supplemen- 
tary report, at such times, and in such forms, as the State Superin- 
tendent may require. 

16. To inspect at least once a year all school buildings and school 
sites in his county ; to exercise care and supervision over the sani- 
tary arrangements of schoolhouses and school grounds ; and to con- 
demn any school building unfit for use, upon the written request of 
the County Board of Education or any of the Division Supervisors, 
and to forbid the continuance of any public school in a building thus 
condemned. 

17. To approve all contracts for the erection of schoolhouses, the 
employment of teachers, and school improvements, within the school 
districts of his county, subject at all times to the review of his action 
by the County Board of Education. No teacher shall be retained in 
any public school for a longer period than the current scholastic year, 
Over the written protest of the County Superintendent of Education, 
addressed to the chairman of the School District Board of Trustees 
and of the County Board of Education. 

18. To administer oaths free of charge. 

19. To conduct all such examinations as may be required by the 
State .Superintendent of Education, the State Board of Education, 
or the County Board of Education. 

20. To keep in his office a die, in circular form, upon the center 
of which shall be engraved, in capital letters, the word "seal," and 
on the circumference "County Board of Education of 
County," which shall be regarded as the official seal of said Board, 
which the County Superintendent of Education shall be required to 
impress upon all papers issued from the office of the County ^'oard 
of Education. The County Superintendent of Education shall sign 
his name to such papers. 

21. To turn over to his successor, at the expiration of his term, or 
removal, all records, books, maps, documents and papers of whatever 
kind, belonging to the County Board of Education, or in his custody 
as County Superintendent of Education, or which may have been 
received by him for the use of said office. 

22. To perform such other duties as may be required of him by 
the County Board of Education. 



41 
Sub. 3 5. Practically old law. 



Sub. 16. Old law modified so that fitness and proper sanitary con- 
ditions may be assured. 



Sub. 17. Preyents waste of money on inefifective plans for school 
buildings and guards against incompetent teachers. 



Sub. 18. Old law. 

Sub. 19. Practically old law. 

Sub. 20. Practically old law. 



Sub. 21. Practically old law. 



Sub. 22. Practically old law. 



43 

SCHOOL DISTRICT BOARDS OF TRUSTEES. 

Sec. 27. On the second Tuesday in July, 1912, there shall be 
appointed in each school district of their county, by the County Board 
of Education, and commissioned by its chairman and secretary, a 
Board of three School District Trustees, to serve for terms of one, 
two and three years, respectively, and until their successors are 
appointed and qualified, unless sooner removed from office by the 
County Board of Education. On the second Tuesday in each suc- 
ceeding July, the vacancies naturally occurring in said School District 
Board of Trustees shall be filled by appointment by the County 
Board of Education, and such appointee shall serve for a term 
of three years, and until his successor shall have been appointed 
and qualified. In the event of the death, resignation or removal 
of a trustee, an appointment shall be made by the County 
Board of Education to fill the vacancy for the unexpired term of his 
immediate predecessor in office. The present members of the School 
District Boards of Trustees shall serve until the second Tuesday in 
July, 1912, and until the Boards above directed to be appointed on 
that day, shall have been appointed and qualified. In each school 
district containing an incorporated town of twenty-five hundred 
inhabitants or more, there shall be two trustees appointed by the 
town or city council of such town or city, and commissioned as the 
other School District Trustees, to serve for a term of four years, 
and until their successors are appointed and qualified, unless sooner 
removed from office by the County Board of Education. These two 
additional trustees shall in such town or cities act concurrently with 
the three above provided for and to be appointed by the County 
Board of Education. At the time of the appointment of the first 
Board of School District Trustees under this section, one of such 
additional trustees shall be appointed by the city or town council 
for four years, and the other for two years : Provided, That in all 
special districts, including a town of at least twenty-five hundred 
inhabitants, according to the census of 1910, the number and the 
mode of selection of trustees shall remain as now provided by the 
General Assembly. 

Sec. 28. No person shall be eligible as a member of a Board of 
School District Trustees who is not a qualified elector and a resident 
tax payer in the school district. Nor shall he be commissioned as a 
member of such Board until he has subscribed to the oath required 
bv Section 26 of Article III of the Constitution. 



Sec. 27. Terms of members of Boards of Trustees made to expire 
one each year, thus insuring some permanency of policy in the Board. 
Any member is eligible to reappointment. In towns of 2,500 popu- 
lation and upward it has been thought well to have school boards of 
five members. The two additional members are to be appointed by 
the town council. The Boards in special districts in towns above 
3,500 population are unchanged. 



Sec. 28. Practically old law. 



44 

Sec. 20. The School District Board of Trustees shall meet and 
organize within two weeks after the second Tuesday in July of each 
year, by electing one of their number chairman and another secretary. 
All members of the School District Board of Trustees, including the 
secretary and chairman, shall serve without compensation. The 
secretary shall keep a record of their proceedings, and a register of 
all claims approved by them, in a book or books provided for that 
purpose. 

Sec. 30. It shall be the duty of the School District Boards of Trus- 
tees, and they are authorized : 

1. To make contracts on behalf of their school districts to the 
extent of the school funds at their disposal, subject to review of their 
action by the County Board of Education, and the State Board of 
Education ; and to expend and disburse the funds belonging to their 
school districts according to law. 

2. To purchase suitable school sites in their school districts, and to 
sell any school property within their districts, either real or personal, 
whenever they deem it expedient to do so, and to apply the proceeds 
of such sale to the school fund of such districts, depositing the pro- 
ceeds of the sale with the County Treasurer, to be held by him as 
are other school funds of such district : Provided, That the consent 
of the County Board of Education be first obtained by said trustees 
before making such sale; and within thirty days after such sale is 
made, the said trustees must make a report in writing to the County 
Board of Education setting forth the amount and description of 
property sold, the price for which sale was made, and the terms of 
sale. 

3. To provide comfortable and convenient schoolhouses in their 
districts, and to keep the same in good repair : Proz'ided, That the 
plans of all such buildings be first submitted to the County Board of 
Education and the State Superintendent of Education, and be 
approved by them : Provided, further. That all public school build- 
ings paid for wholly or in part out of the public school funds shall 
be the exclusive property of the school district, and shall be erected 
only on lands owned in fee simple by such district. 

4. To take care of, manage and control all the school property of 
their districts. 

5. To take and hold in trust for their particular school district any 
property granted, devised, given or bequeathed to such school dis- 
trict, and apply the same in the interest of their district in such man- 
ner as in their judgment seems most conducive to the welfare of the 



45 
Sec. 29. Old law. 



Sec. 30. Sub. 1. Old law. 



Sub. 2. in the main the old law. Requires that all district funds 
be handled by the County Treasurer, a bonded officer. Provision is 
made against the sale of district property by a majority of the Board, 
two men. when such course would be deemed unwise by others. 



Sub. 3. Attempts to insure comfortable schoolhouses for the chil- 
dren. 



Sub. 4. Old law. 

Sub. 5. Old law with additional security of grants. 



46 

schools in such district, when not otherwise directed by the terms of 
the grant, devise, gift or bequest: Provided, however, That before 
said trustees shall assume control of any grant, devise, gift or 
bequest, they may be required by the County Board of Education of 
the county in which such grant, devise, gift or bequest is made, at 
its discretion, to give a bond with sureties, to be approved by such 
County Board, and in such amount as said County Board may 
require, not exceeding double the value of the trust property, con- 
ditioned for the faithful discharge of the trust reposed in them in 
respect to such property, which bond shall be deposited with, and 
recorded in the office of, the Clerk of Court of said county. 

6- To execute all bonds issued by their school district for the 
erection, enlargement, improvement and equipment of schoolhouses ; 
and to provide for the payment of such bonds. 

7. To take the management and control of the local educational 
interests of their district, to regulate the opening and the closing of 
the school terms therein, and to visit and inspect each public school 
therein at least once in every school term, subject to the supervision 
and orders of the County Board of Education. 

8. To hold a regular meeting or session in their school district at 
least two weeks before the commencement of any and every school 
term, for the transaction of any and all business incident or necessary 
to the prosperity of the schools, with power to adjourn from time to 
time ; and to hold special meetings when called together by the chair- 
man or by any two members of the Board. 

9. To supply out of the school funds of the district the necessary 
furniture, maps, globes, and other school apparatus, subject to the 
supervision of the Count}'- Board of Education. 

10. To employ teachers from among those holding valid teachers' 
certificates, to fix their salaries, and to discharge said teachers for 
improper or immoral conduct or evident unfitness for teaching, sub- 
ject to a review of their action by the County Board of Education on 
appeal from such order of discharge. No board of trustees shall 
employ as a teacher the wife, daughter or son of any member of the 
Board. Nor shall such Board employ as teacher in the schools under 
its charge, any other person who is related to any member of the 
Board by consanguinity or affinity, nearer than second cousin, unless 
each and every member of the Board submits a written request to 
that effect, which shall be approved by the County Board of Educa- 
tion. 



47 



Sub. 6. Old law. 



Sub. 7. Old law in the main. 



Sub. 8. Old law. 



Sub. 9. Old law made more definite. 



Sub. 10. Old law made more specific and stringent. 



48 

11. To suspend or dismiss pupils from the schools of the district, 
and, having regard to the convenience of the pupils, determine what 
schools in the district they shall attend. 

12. To transfer pupils from one adjoining district to another 
within the same county, but only with the consent of the trustees of 
both districts. 

13. To determine the length of the school day in their respective 
districts : Provided, That the school day, including all recesses, shall 
not exceed six hours, except by the written permission of the County 
Superintendent of Education given to the chairman of the School 
District B9ard of Trustees. 

14. To determine what holidays shall be observed in their districts, 
and under the direction of the County Superintendent of Education, 
how they shall be observed. 

15. To impose, in their discretion, examinations of teachers in 
addition to those required by the State Board of Examiners for 
Teachers. 

16. To fix, subject to the approval of the County Board of Educa- 
tion, the amount of tuition fees for children of nonresidents, inci- 
dental fees and other moneys to be collected in the public schools of 
their district. 

17. To examine into, and approve or disapprove all claims pre- 
sented against the school funds of their district, and to sign the war- 
rants issued for payment of such claims. 

18. To administer, when in the discharge of their official duty, 
oaths, without compensation therefor. 

19. To cross all bridges and. ferries free of charge when traveling 
on official business. 

Sec. 31. It shall be unlawful for any member of the County Board 
of Education, any Count}^ Superintendent of Education, or any 
School Trustee, or any other school official, to be an agent for or to 
deal in school books, school furniture, maps, globes, or any other 
school supplies, or to buy, discount or share in, any teacher's pay 
certificate or any other school claim except for his Own services 

Sec. 32. The chairman of any School District Board of Trustees 
shall have authority to call meetings of the qualified electors and 
patrons of the schools in his district, to consult as to its educational 
interests ; but at such meetings the trustees shall not submit to those 
present either the election or the nomination of teachers. 

Sec. 33. The School District Board of Trustees shall not contract 
any debt on behalf of its district in excess of the school fund 



49 
Sub. 11. Old law. 

Sub. 12. Does away with friction arising under the old laAv. 
Sub. 13. Fixes the authority for determining the school day. 



Sub. 14. Fixes the authority for determining what holidays a 
district shall observe. A school running four months can ill afford 
to observe as many holidays as might be observed by a school run- 
ning nine months. 

Sub. 15. Old law. 

Sub. 16. Old law. 



Sub. 17. Old law. 

Sub. 18. Old law. 
Sub. 19. Old law. 
Sec. 31. Old law. 



Sec. 33. Old law, except that it prohibits that which formerly 
caused so many neighborhood quarrels — practically the election of 
teachers by the patrons, instead of by the legally authorized body, 
the trustees. 

Sec. 33. Old law. 



50 

apportioned to, or accruing to, such district during the current scho- 
lastic year. 

CLAIMS AND REPORTS. 

Sec. 34. The truth and correctness of every claim against the 
school funds of any district, shall be proved by an affidavit to be 
sworn to and subscribed to by the person presenting such claim to the 
effect, that the consideration named has been actually rendered to the 
school district, and that the amount claimed is true and correct and 
that the claim has not been theretofore paid by such district, before it 
shall be approved by the School District Board of Trustees or any 
other person authorized by law to examine or approve the same, 
Warrants for the payment of such claims against the school districts 
shall be signed by the secretary of the School District Board of Trus- 
tees and at least one other member thereof, as well as by the County 
Superintendent of Education. 

Sec. 35. The scholastic month in the public schools of this State 
shall consist of twenty school days, inclusive of holidays approved 
by the Boards of Trustees. 

Sec. 36. The scholastic year shall begin on the first day of July 
of each year, and end on the 30th day of June following. 

Sec. 37. The free public schools of this State shall continue in 
session in each school district not less than three months in each 
scholastic year. Any Board of School District Trustees closing or 
attempting to close any school in the district which has not been in 
session three months, shall be at once removed from office by the 
County Board of Education, unless said school be suspended for 
sanitary reasons : Provided, Such reasons be deemed sufficient by 
the County Superintendent of Education. 

Sec. 38. The tuition fees, if any, incidental fees, and all other 
moneys collected in any public school shall be deposited with the 
County Treasurer, who shall place the same to the credit of the 
school district, and the amount of such collections and deposits shall 
be reported by the County Treasurer to the County Superintendent 
of Education, before June 30th of each year. A failure to make 
such deposit or report shall constitute a misdemeanor. 

Sec. 39. At the expiration of each school month, each teacher in 
a free pubhc school shall make out, and file with the secretary of the 
School District Board of Trustees a report giving for that month the 
registration of pupils, classified according to sex, and stating the 
average attendance of such pupils, the branches taught, the number 
of pupils engaged in studying each of said branches, and such statis- 



51 



Sec. 34. Old law and highly necessary. 



Sec. 35. A new and necessary definition. 

Sec. 36. Old law. 

Sec. 37. Simply makes the old law effective. 



Sec. 38. Important addition to old law. All school funds should 
pass through the hands of the County Treasurer and County Super- 
intendent. 



Sec. 39. An adequate system of reports is absolutely necessary. 
Making full reports promptly is a part of the teacher's work for 
which he or she is paid. 



52 

tics as he or she may be required to make by the County Board of 
Education : Provided, That whenever a teacher is accidentally pre- 
vented from filing said report at the expiration of any school month, 
the Board of Trustees shall have authority to receive such report 
within a reasonable time thereafter, if, in the opinion of the Board, 
the delay is excusable. On the tiling of the teacher's report, and its 
approval by the School District Board of Trustees, or a majority 
thereof, their secretary shall draw an order or warrant in duplicate 
on the County Treasurer for the amount of salary due the teacher, 
which shall be signed without delay by said Board, or a majority 
thereof ; and said order or warrant, if accompanied by a copy of said 
monthly report, and approved by the County Superintendent of Edu- 
cation, shall be countersigned by him, and the duplicate filed in his 
office. At the expiration of the last month of the entire session each 
teacher shall make out and file with the secretary of the School Dis- 
trict Board of Trustees a similar report for the entire session, giving 
the names of all the pupils admitted to the school during the scholas- 
tic year, or session, classified by sexes, stating their respective places 
of residence, the number of days each pupil attended, the average 
attendance for the session, the branches taught, the number of pupils 
engaged in studying each of said branches, the ground covered in 
each branch, and such other statistics as may be required by either 
the State Superintendent of Education or the County Superintendent 
of Education, and the teacher's pay warrant for the last month of 
the session shall not be signed by the County Superintendent of 
Education until such report has been filed: Provided, That the 
superintendent or principal of any school or system of schools shall 
file this annual report on behalf of the teachers under him. 

Sec. 40. It shall not be lawful for any person who is less than six 
or more than twenty-one years of age to attend any of the free pub- 
lic schools of this State. 

Sec. 41. In every free public school of this State there shall be 
taught, as far as practicable, reading, writing, arithmetic, spelling, 
English grammar and Hterature, geography, the history of the United 
States and of this State, algebra, the elements of agriculture, physi- 
ology and hygiene, with reference especially to the effect of alcoholic 
liquors and narcotics upon the human system, morals and good 
behavior, and such other branches of study as the State Board of 
Education may from time to time direct. 

Sec. 42. Whenever it shall be made to appear to the satisfaction 
of the School District Board of Trustees of any school district that 



53 



Sec. 40. Constitution. 



Sec. 41. Old law. 



Sec. 42. Old law with two additions: limiting the amount to be 
expended and having the books returned to the Boards of Trustees. 



54 

any patron of any school in such district is unable by reason of 
poverty to purchase the necessary books for the use of his or her 
children in attendance upon such school, the said Board of Trustees, 
in its discretion, may purchase such necessary books, and furnish 
the same to such pupils under such regulations as the Board of 
Trustees may prescribe : Provided, That the sum so expended for the 
purchase of said books does not exceed five per cent, of the school 
fund of the district for the current year: And provided, further. 
That the books so purchased shall be the property of such school dis- 
trict, and must be returned by the pupils using them to the Board of 
Trustees at the end of the school term. 

HIGH SCHOOL. 

Sec. 4-3. It shall be lawful for any school district, or any aggre- 
gation of adjoining school districts, or for any county in the State, to 
establish a high school in the manner, and with the privileges, given 
in Sections 43, 44, 45, 46, 47, 48 and 63. ' 

Sec. 44. Any high school territorial unit mentioned in Section 43 
may estabHsh a high school by an election held in accordance with the 
provisions of Section 74, Subsection 1 of this Act. If a majority of 
the votes cast in the whole territory voting at such election shall be 
"For High School," and not "Against High School," the high school 
shall be established, and become a body corporate, to be known and 
designated by a name adopted therefor by the trustees of such high 
school, and a copy of the resolution adopting such name shall be filed 
with the County Superintendent of Education. 

Sec. 45. Any school district within any high school territorial unit 
may vote itself out of, and withdraw from, such unit or high school 
district; by an election within such school district to be held in the 
sam.e manner as that prescribed in Section 44, to determine the ques- 
tion as to the establishment of such high school. 

Sec. 46. If a single school district establish a high school, or if 
not more than five school districts unite to establish a high school, 
the School District Board of Trustees of that school district in 
which the high school budding is located, shall be the Board of Trus- 
tees of the high school. If more than five school districts unite in 
the establishment of a high school, the School District Board of 
Trustees of the district in which the high school building is located, 
together with two other persons eligible to membership on a school 
district board and appointed by the County Board of Education, 
shall constitute the Board of Trustees of said high school. The 



55 



Sec. 43. Old law extended to any place able to maintain a high 
school. The old law discriminates against large towns, and under 
the census of 1910 will further discriminate against such places. 

Sec. 44. Manner of holding elections — old law. . 



Sec. 45. Old law. 



Sec. 46. Old law slightly changed to prevent two separate boards 
from having control of what is really one school. 



56 

Board of Trustees of the high school shall be charged with the 
duties, and exercise all of the powers of a School District Board 
with reference to such high school. 

Sec. 47. The quahfied electors and resident freeholders in any 
territory proposing to become a high school district, or any high 
school district heretofore estabhshed, are authorized to levy and col- 
lect a special high school tax, not exceeding two mills on the dollar 
of the assessed value of the taxable property in such school district, 
in the same manner as provided in reference to the special school dis- 
trict tax in Section 74, and all special high school levies shall be col- 
lected and disbursed in the same manner as other local tax levies. 

Sec. 48. Any public high school already established, if it shall be 
organized and adopted as a high school by a special election, as pre- 
scribed in Section 44 of this Act, in any high school territory or dis- 
trict above described, may claim the privileges of Sections 44, 45, 
46, 47, 48 and 63 : Provided, That it conform to the provisions of 
said sections. 

FINANCES. 

Sec. 49. Every school district now organized, or hereafter to be 
organized in pursuance of this Act, is and shall be a body politic and 
corporate, by the name and style of School District No. 

, of County, State of South Carolina ; and in that 

name may sue and be sued, and be capable of contracting and being 
contracted with to the extent of its school funds ; and may take and 
hold such real and personal property as it may acquire by grant, 
purchase, bequest, legacy, gift or otherwise, all of which property 
shall be used exclusively for school purposes. Such school districts 
shall be separate divisions of the counties for taxation for all school 
purposes, including poll tax, dog tax, and all local levies of taxes in 
such districts for payment of boncis and all ordinary school purposes. 

Sec. 50. The County Auditor shall require each tax payer, when 
he makes his tax returns, to give the name and number of the school 
district in which he resides, and also the name and number of the 
school district or districts in which any or all of his real estate is 
located. The County Auditor shall enter the name and number of 
such districts in a separate column in the tax duplicates, so as to 
facilitate the assessment and collection of school taxes in the proper 
school districts. 

Sec. 51. The County Auditor, when he has completed the tax 
duplicates, shall report to the County Board of Education, by school 
districts, all names listed for poll tax, and the names of persons 



57 



Sec. 47. Old law, 



Sec. 48. Old law. 



Sec. 49. Old law. 
existing: statutes. 



FINANCES. 
This section groups scatered provisions in 



Sec. 50. Old law. The retention of this sectioi is made necessary 
by the provisions of Sections 72, 73, 74 and 78. 



Sec. 51. A slight addition to old law. This iiformation is neces- 
sary in order that the County Board of Educatioi may comply with 
the requirements of Section 33, Subdivision 2. 



58 



returning dogs for taxation, the amount of the capitation dog tax, 
and the amount of taxable property, together with a statement of 
taxes charged against the same upon the tax duphcates. 

Sec. 52. The several County Treasurers shall retain the poll tax, 
and all other school district taxes collected in their respective coun- 
ties, and expend the same for school purposes in the school district 
from which they are collected, upon proper warrants or orders issued 
against said funds as provided in this Act. Said County Treasurers 
collecting said taxes shall keep an account of the exact amount of 
such taxes collected in each school district in the county. 

Sec. 53. Each County Treasurer, when he has finished the collec- 
tion of taxes for his county, shall report to the County Superintend- 
ent of Education, b|^ school districts, all collections of school district 
taxes, together withthe names of the persons in the respective school 
districts who have [paid their poll tax and dog tax. 



Sec. 5i. It shall 
monthly, on the 15 



be the duty of each County Treasurer to report 
h day of each month, to the County Superintend- 
ent of his county, Ihe amount of collection and disbursements made 
by him for the prereding month on account of school taxes and all 
other school funds 

Sec. 55. The Ccimty Treasurer shall carry forward to the next 
scholastic year all ums in his hands collected for any previous year 
or years for* schoolpurposes, and unexpended, and credit the same to 
the school district to which it was apportioned, or belongs; and he 
shall report the szme to the County Superintendent of Education. 
A.ny balance remajiing in the hands of the County Treasurer from 
any local tax or ^"om any other school district tax shall become, 
and is hereby declired to be, a part of the regular school funds of 
the school district, pid shall be so stated in said report. 

Sec. 56. It shall be unlawful for any County Treasurer, County 
Auditor, County [Superintendent of Education, member of the 
County Board of Education, or School Trustee to buy, discount, 
share in, or be in piay way interested in any teacher's pay certificate 
or other order on the school funds, except such as may be payable to 
him for his own ervices ; or for any school trustee to make any 
contract, or be pejuniarily interested, directly or indirectly, in any 
contract with any Hiool district of which he is a trustee. 

Sec. 57. No schol funds rais'ed by taxation, or derived from any 
other source, shall h paid out by any County Treasurer, except upon 
the order of the Scjiool District Board of Trustees, countersigned by 
the County Superitendent of Education. 



59 



Sec. 52. Old law. 



Sec. 53. Practically old law. 



Sec. 51. Old law 



Sec. 55. Old law with slight addition declaring any unexpended 
balance carried forward to any succeeding scholastic year to become 
thereby a part of the regular school funds of the district. 



Sec. 56. Practically old law with an addition forbidding School 
District Trustees to be pecuniarily interested in any contract of their 
district. 



Sec. 57. Old law. 



60 

Sec. 58. When any school claim, whose payment has for any 
reason been deferred, is declared by the County Superintendent, the 
County Treasurer, and the County Auditor to be valid, the County 
Treasurer is hereby authorized and directed to pay said claim out 
of the first moneys coming into his hands as Treasurer and belong- 
ing to the school district against which said claim is chargeable. 

Sec. 59. The County Treasurers and County .Supervisors of the 
several counties in this State are authorized and required, upon the 
application of the County Board of Education of their county, to 
borrow from time to time during any fiscal year, such sums of money 
as may be necessary to pay the school claims of such county, not to 
exceed 75 per cent, of the amount of taxes reported by the County 
Auditor to have been assessed for school purposes for such fiscal 
year, at a rate of interest not to exceed seven per cent, per annum, 
and to pledge the taxes to be collected for that purpose, to the pay- 
ment of the money so borrowed and the interest thereon : Provided, 
That all money so borrowed shall be held and paid out by the County 
Treasurer as school funds, and without extra compensation. 

Sec. 60. The State Treasurer shall be responsible on his official 
bond for all funds coming into his possession by reason of Sections 
10 and 11 'of Article XI of the Constitution. The State School 
Fund provided for in said Section 11 of said Article XI of the State 
Constitution, shall be securely invested by the State Treasurer in 
bonds of this State, or of the United States, and the income there- 
from shall be apportioned among the several counties by the State 
Board of Education for such purposes as that Board may direct 

Sec. 61. Any unexpended balance of appropriations made by the 
General Assembly to the free public schools of this State shall, at the 
expiration of the fiscal year for which said appropriations were 
made, be retained by the State Treasurer, and are hereby declared 
to be a Permanent School Fund, which shall be invested in bonds of 
this State or of the United States. Such Permanent School Fund, 
together with the income therefrom, shall be annually reported by 
the State Treasurer, and no part thereof shall be expended until the 
aggregate amount of said fund shall yield an annual revenue of at 
least forty thousand dollars. 

Sec. 62. Any County Superintendent of Education approving a 
school warrant, not properly signed by a majority of the School 
District Board of Trustees of the district against which the claim is 
issued, and any County Treasurer paying any school warrant or 
claim not countersigned by the County Superintendent of Education 



61 

Sec. 58. Old law. 



Sec. 59. Practically old law, except that applications to the County 
Treasurer and County Supervisor for loans must be made by the 
County Board of Education. ^ 



Sec. 60. The State School Fund is thus named in the Constitution. 
An effort is made to provide a Permanent School Fund in Sec- 
tion 61. 



Sec. 61. One of the most difficult problems confronting the Com- 
mission. This recommendation suggests the need of providing in 
South Carolina a Permanent School Fund similar to that established 
in many States by the Federal land grants. 



Sec. 62. This section insures correctness in school claims, and 
prevents fraud. 



62 

shall each be liable for the amount of such claim, upon their respec- 
tive official bonds. 

STATE APPROPRIATIONS. 

Sec. 63. The sum of seventy-five thousand dollars, or so much 
thereof as may be necessary, shall be annually appropriated by the 
General Assembly in aid of high schools, organized under the provi- 
sions of Sections 43 to 48, inclusive, of this Act ; and the Comp- 
troller General, upon the order of the State Board of Education, 
signed by the State Superintendent of Education as secretary thereof, 
is authorized to draw upon the State Treasurer for such amounts as 
may be appropriated for such purposes. The share of said appro- 
priation apportioned by the State Board of Education, under the 
provisions of subdivision 12, of Section 11, of this Act, to any par- 
ticular high school, shall be placed in the County Treasury, to be held 
by the County Treasurer, to the credit of such high school district, 
and shall be paid out only upon the warrant of the Board of Trustees 
of such high school, duly approved and countersigned by the County 
Superintendent of Education. Every high school receiving aid from 
such appropriation shall enroll, free of tuition charges, any high 
school pupil in the county in which the school is located, in the same 
manner as though such pupil were a resident of that particular high 
school district. 

Sec. 64. A sum of not less than sixty thousand dollars shall be 
appropriated annually by the General Assembly for the purpose of 
increasing the average length of the free school term in this State in 
accordance with, and by authority expressed in, Section 6, of Article 
XI, of the Constitution. No more than one hundred dollars of this 
fund shall be apportioned or appropriated to any one school district 
in any one scholastic year ; and no school now running for a period 
of one hundred days or more, or hereafter to run for a period of one 
hundred days or more, upon the funds accruing to said school from, 
the regular school funds shall receive aid from this appropriation. 
And no school shall receive aid from this appropriation unless the 
district in which such school is located does now, or hereafter shall, 
first, levy a special local school tax of at least two mills on the dollar 
of the taxable property in such district, under the provisions of 
Section 74 of this Act, or according to existing law. Schools run- 
ning less than one hundred days in any year may receive aid from 
this extension fund in amounts equal to the amounts raised by spe- 
cial and local taxation, not to exceed one hundred dollars for any one 



63 



STATE APPROPRIATIONS. 



Sec. 63. An addition of $15,000 to the present high school appro- 
priation. The increased number of high schools can easily utilize 
this amount. At present the high schools of Anderson, Laurens and 
Orangeburg counties cannot be granted the full allowance to which 
they are entitled. 



Sec. 64. A continuation of the policy of direct appropriation from 
the State Treasury to the free public schools. This policy was 
introduced in 1909, and seeks to equalize the public school term by 
increasing the length of the school session in weak districts. As a 
result 179 districts voted local levies and 55 districts increased exist- 
ing levies during the scholastic year 1909-1910. 



64 

school district : Provided, That where two or more schools hereafter 
consolidate and employ two or more teachers for the full term, an 
additional one hundred dollars may be allowed for the conveyance 
of pupils living more than two miles from the consolidated 
school. The said extension fund to be appropriated as above 
provided shall not become available in any school district except upon 
a petition of the School District Board of Trustees of such district 
asking aid, approved and countersigned by the County Superintend- 
ent of Education of the county in which the district is located. All 
disbursements of said appropriation shall be made by the State Super- 
intendent of Education in accordance with the regulations of the 
State Board of Education, upon duly itemized vouchers, filed with 
the Comptroller General : Provided, That the State Superintendent 
of Education may refuse aid to any school or school district, if it is 
made to appear to him that the expenditure would be imwise and 
detrimental to the interest of free school education in such district. 

Sec. 65. All dispensary funds now in the hands of the State 
Treasurer, or hereafter to be paid into his hands, shall constitute a 
permanent State School Building Fund, which shall be paid over to 
the Sinking Fund Commission for the use of the State, upon the 
Sinking Fund Commission paying interest thereon at the rate of six 
per cent, per annun); or shall be otherwise invested by the Sinking 
Fund Commission at such rate of interest. The income derived 
from the Permanent State School Building Fund shall be expended 
by the State Board of Education for the purpose of encouraging and 
aiding in the erection of adequate free public school buildings. 

Sec. 66. Whenever the patrons, friends or trustees of any public 
school in any school district in any county in this State shall raise, by 
private subscription, taxation, issue and sale of bonds, sale of old 
buildings or otherwise, funds for the construction of an adequate 
school building in their district, they are hereby authorized to apply 
to the State Board of Education for fifty dollars to be paid them 
out of the income on the Permanent State School Building Fund, 
provided for in Section 66 of this Act, for every one hundred dol- 
lars so raised by them to be expended on such school building; and 
at the same time, such patrons, friends or trustees so raising said 
funds for the construction of a school building, may apply also to 
the County Board of Education of their county, for fifty dollars to 
be paid them out of the special county school tax provided for in 
Section 23, subdivision 3, of this Act, for each one hundred dollars 
so raised by such friends, patrons or trustees for the construction of 



65 



Sec. 65. A continuation of the policy begun in 1910. This use of 
the State Dispensary profits meets the requirements of Section 13, 
Article 13, of the Constitution, and would lessen any annual appro- 
priation that might be made by the General Assembly for the erec- 
tion of adequate school buildings. 



Sec. 66. Practically old law, except that the county school building 
fund is to be derived from the special county tax authorized in Sec- 
tion 33, Subdivision 3, and not as at present from the constitutional 
school tax of three mills. The State Superintendent is authorized 
to approve building plans in order that the handling of building 
applications may be facilitated. 



66 

such school buildings ; and the State Board of Education and the 
County Board of Education are hereby authorized and empowered to 
make such appropriations from said school funds at their disposal, 
respectively, under the provisions of Sections 66 and 23 : Prornded, 
That not more than three hundred dollars shall be appropriated from 
each of said funds for the erection of any one school, in any one 
district : Provided, further, That in case of the consolidation of two 
or more existing schools an additional bonus of fifty dollars from 
each of said funds may be granted for the purpose of the construc- 
tion of such school building: Provided, further, That the plans of 
such school building shall have been approved by both the County 
Board of Education and the State Superintendent of Education : 
Provided, further, That all private subscriptions shall have been first 
deposited with the County Treasurer. 

Sec. 67. The income upon the Permanent State School Building 
Fund, provided for in Section 65, shall be paid out by the State 
Treasurer only upon the warrant of the Comptroller General, drawn 
upon an order of the State Board of Education, signed by the State 
Superintendent of Education, under the authority conferred on said 
Board in Section 66. 

Sec. 68. Every free public scool, maintained in whole or in part 
at public expense, shall be allotted by the School District Board of 
Trustees not less than seventy-five dollars during each and every 
scholastic year to pay the teacher's salary. Whenever the regular 
funds of any school district will not provide seventy-five dollars 
annually for the maintenance therein of one separate and distinct 
school for the pupils of each race, the deficiency shall be reported to 
the State Superintendent of Education on or before the first day of 
December. Upon receipt of this report, the State Superintendent of 
Education shall investigate the affairs of the school district in which 
such deficiency exists, and if, after investigation, he concludes that 
the schools in said district need and deserve additional funds, he shall 
pay to the County Treasurer of the county in which said school dis- 
trict may be located, for the use of said school district, an amount 
sufficient to give to one school for each race in said district the 
seventy-five dollars herein required. The General Assembly shall 
annually appropriate out of the State Treasury not less than fifteen 
thousand dollars for the purpose of supplying such deficiencies. 
Such appropriation shall be paid out by the State Treasurer on the 
warrant of the Comptroller General, based upon duly itemized vouch- 
ers or orders of the State Superintendent. 



67 



Sec. 67. Old law. 



Sec. 68. The present law contemplates the running of every free 
public school at least tlhiree months, and requires that such school be 
allowed not less than seventy-five dollars a year. This deficiency 
appropriation of fifteen thousand dollars will guarantee to each 
school district a separate school for the children of each race during 
a term of at least three months. No deficiency will be recognized 
except after careful investigation. 



68 

Sec. 69. The sum of five thousand dollars shall be appropriated 
annually by the General Assembly to be expended by the State Board 
of Education in the establishment and enlargement of public school 
libraries under such rules and regulations as the State Board of 
Education may prescribe. 

Sec. 70. Whenever the patrons or friends of a free public school 
shall raise not more than twenty dollars nor less than five dollars by 
private subscription, and deposit the same with the County Treas- 
urer, with the approval and endorsement of the School District 
Board of Trustees of the school district in which such school may 
be located, for use in establishing or maintaining a library in such 
school, the County Board of Education shall appropriate from the 
proceeds of the special county tax, authorized to be levied in sub- 
division 3, Section 22, of this Act, an equal amount. The County 
Superintendent of Education shall thereupon inform the State Super- 
intendent of Education of such appropriation by the County Board 
of Education. The State Board of Education shall thereupon send 
or remit to the County Treasurer of the county in which such school 
is located a warrant drawn by the Comptroller General, on the order 
of the State Board of Education, requiring the State Treasurer to 
pay out of the funds appropriated in accordance with the provisions 
of Section 69, to such County Treasurer for the use of said school, 
an amount equal to the sum appropriated by the County Board of 
Education. All three of which sums shall be placed by the County 
Treasurer to the credit of such school, and used by the trustees of 
the school or school cHstrict in the purchase of a bookcase or of 
books selected from a library Hst adopted by the State Board of 
Education. Libraries may be exchanged betvN^een schools : Pro- 
vided, That no exchange be made oftener than once in six months, 
and no part of the expense incident to the exchange shall be borne 
by the public funds. 

SCHOOL TAXES. 

Sec. vl. The County Boards of Commissioners, or such other 
officers as may be vested with the same or similar powers and duties, 
shall levy an annual tax of three mills on the dollar upon all taxable 
property in their respective counties, which shall be collected at the 
same time and by the same officers as other taxes for the same year, 
and shall be held in the County Treasury of the respective counties, 
and paid out exclusively for the support of the free public schools. 
On the first day of July of each year, or as soon thereafter as practi- 
cable, the fund to arise from said tax as charged upon the tax dupli- 



69 

Sec. 69. Old law. 



Sec. TO. A simplification of the present law. Under this section 
any school is authorized to apply for librar\' aid in amounts not to 
exceed twenty dollars. Library' appropriations made by the County 
Board of Education must be taken from the proceeds of the special 
county tax. The present law renders a correct accounting of librar}- 
funds almost impossible. 



SCHOOL TAXES. 

Sec. 71. This section contains one of the most important changes 
from the old law. The County Board of Education is required to 
apportion among the several districts of the count}' the proceeds, of 
the three-mill constitutional tax as soon as the tax duplicates can 
be completed by the Auditor and a report thereof filed with said 
Board. 



70 

cates, shall be apportioned by the County Boards of Education among 
the school districts of their respective counties in proportion to the 
number of pupils enrolled in the public schools of the respective 
school districts. The enrollment for the purpose of apportioning 
the said three-mill constitutional tax shall be ascertained by dividing 
the total number of days present of all the pupils during the whole 
session or term, by the total number of days the school was in ses- 
sion, as shown by the annual reports of the teachers to their County 
Superintendents of Education. Each teacher in a day school or a 
night school shall enter on the enrollment list of the school register 
the name, residence, sex, age and the date of entrance of each pupil ; 
and said list shall be filed with the County Superintendent of Educa- 
tion along with the annual report of the school. 

Sec. 72. There shall be assessed on all taxable polls in the State 
between the ages of twenty-one and sixty years (excepting Confed- 
erate soldiers above the age of fifty years), an annual tax of one 
dollar on each poll, the proceeds of which tax shall be expended for 
school purposes in the several school districts in which it is collected. 

Sec. 73. There shall be levied and assessed against the owners of 
all dogs in this State, a capitation tax of fifty cents annually on each 
dog, the proceeds of which tax, when collected, shall be expended for 
school purposes in the school district in which it is collected. The 
dogs shall be returned for taxation in the same manner and at the 
same time as other personal property ; and the capitation tax on dogs 
provided for in this section, shall be a first lien in favor of the 
school district on all property owned by the person assessed, and 
shall be collected at the same time and in the same manner as other 
taxes are collected ; and such collection may be enforced by execu- 
tion against any property of the tax payer in the same way and man- 
ner as if it were a tax assessed against that specific |.'iece of property. 
No dog that is not returned for taxation, as required by this section, 
shall be held, in any court of this State, to be property. 

Sec. 74. The qualified electors of any school district, including 
high school districts organized under the provisions of Sections 43 
to 48, inclusive, of this Act, are authorized to levy and collect an 
annual tax not exceeding eight mills on the dollar on all taxable 
property within such school district, to supplement the school funds 
of the district, in the following manner : 

1. A written petition shall be filed, signed by one-third of the 
qualified electors, and one-third of the resident freeholders, of the 
age of twenty-one years ; or in a school district of five hundred or 



71 

This new definition of enrollment should increase the average 
attendance of pupils in every school. Under this definition trustees 
and teachers should endeavor to enroll every child in their districts, 
and to keep such child in regular attendance, because every day's 
absence on the part of any pupil will reduce the school's revenues, 
and every day's attendance will increase them. 



Sec. 72. Old law. Almost identical with constitutional provi- 



vSec. 73. Old law. Except for Horry county, where the capitation 
dog tax is one dollar. 



Sec. 74. A modification of old law so as to allow all qualified elec- 
tors to vote on the question of making a school district levy. At 
present only such electors as return real or personal property for 
taxation are entitled to participate in these elections. The eight-mill 
levy is authorized by the present law. 

1. Same as old law, except as to petition in populous districts. 
This change will facilitate the voting of additional taxes in cities 
and towns. 



72 

more qualified electors and freeholders, then to be signed by one 
hundred of the qualified voters and by one hundred or one-third of 
the resident freeholders of the age of twenty-one years, with the 
County Board of Education, asking for such levy, and stating the 
rate of the levy proposed, not exceeding eight mills, as above stated. 

2. The County Board of Education shall thereupon order the 
School District Board of Trustees of such school district to hold an 
election at some place in the district, to be designated in said order, 
at any time in the fiscal year. 

3. The School District Board of Trustees shall thereupon give 
notice of such election, and of the time and place thereof, in some 
newspaper published in the county, and by posting such notices in at 
least three public places within such school district for two weeks, 
unless there be no newspaper published within the county, in which 
event the posting of the notices as above directed will suffice. At 
such election the Board of Trustees shall act as managers of the 
election. Only qualified electors residing in the district shall be 
allowed to vote, and the election shall be conducted as provided by 
law for general elections. 

4. At such election each elector favoring the proposed levy shall 
cast a ballot containing the word "Yes" printed or written thereon, 
and each elector opposed to the levy shall cast a ballot containing the 
word "No" printed or written thereon. 

0. The said trustees acting as managers of the election, shall count 
the ballots, and declare the result of the election; subject to an 
appeal, if taken within ten days after the election, to the County 
Board of Education, whose determination of the question on appeal 
shall be final. 

6. The School District Board of Trustees shall make a record of 
the steps leading to the election, and of the declaration of the result 
thereof, a duplicate of which record shall be filed with the County 
Superintendent of Education, and be kept in his office. 

7. Within twenty days after such election, if the majority of those 
voting shall have voted in favor of the proposed levy, the School 
District Board of Trustees shall furnish the County Auditor with a 
written statement or certificate as to the amount of such levy, and 
said County Auditor shall enter the same upon the tax duplicate as a 
tax upon the taxable property in such school district. Each year 
thereafter the County Auditor shall annually enter such levy as a tax 
against said property in the tax duplicates until such tax shall be 
increased, decreased, or repealed by a majority vote of the electors 



73 



2. Old law. 



3. Old law. 



4. Old law, 



5. A modification of old law, intended to insure local control. 



6. Change from old law. 



7. A change from old law as to time of requiring the County 
Auditor to place new levies on the tax books. After the duplicates 
for the year have been made up it is almost impossible to enter alter- 
ations as required by old law. 



74 

of such district, at an election ordered, and held in the same manner 
as above prescribed. If such tax shall be either increased or 
decreased by such subsequent election, the County Auditor shall 
annually enter the increased or decreased tax upon the tax duplicate, 
until it shall have been again altered, or repealed by a vote of such 
electors at another election held as above prescribed. Such tax may 
be levied, increased, decreased, or repealed after the tax duplicates 
for the district have been made up and completed by the County 
Auditor; but in such event, the levy, increase, decrease or repeal 
shall not take effect until the ensuing fiscal year. In the event that 
any such levy shall be invalid because of a failure to comply with the 
provisions of law, the Comptroller General may, with the consent of 
the State and County Superintendents of Education, authorize the 
County Treasurer to abate the same. 

8. vSuch taxes when levied shall be a lien on all taxable property 
within the school district, and shall be collected at the same time and 
in the same manner as other school and county taxes. 

9. The County Auditor shall give written notice to the chairman of 
the School District Board of Trustees, the County Superintendent of 
Education, and the State Superintendent of Education of any change, 
alteration, or repeal of the levies made under this section, and when 
such levy, change, alteration or repeal was made subsequent to, and 
too late for entry on, the tax duplicates. 

10. Any nonresident tax payer in any school district levying a spe- 
cial tax shall be entitled to a credit upon fees charged him for the 
tuition of his children to the extent of such special tax paid by him. 

11. All special school taxes, when collected, shall be expended as 
other school funds of the school district, and paid out by the County 
Treasurer upon warrants drawn by the School District Board of 
Trustees, countersigned by the County Superintendent of Education : 
Provided^ That any surplus of such levy remaining in the hands of 
the County Treasurer at the expiration of any scholastic year shall 
be added to the regular school funds of the district, and shall be paid 
out as other funds of such district. 

SCHOOL DISTRICT BONDS. 

Sec. 75. The School District Boards of Trustees are hereby 
authorized and empowered to borrow money on behalf of their dis- 
tricts, and to issue and sell coupon bonds of the school district, 
payable to bearer, in such denominations and amounts as the}' may 
deem advisable, not to exceed in the aggregate eight per cent, of the 



75 



8. Old law. 



9. Addition to present law. 



10. Old law. 



11. Old law with addition of proviso making surplus carried for- 
ward at the end of an}^ scholastic year a part of the regular school 
funds of the district. 



SCHOOL DISTRICT BONDS. 

Sec. 75. Practically old law, except that such bonds may amount 
to eight per cent, instead of four per cent, of the assessed valuation 
of property in the district. 



76 

assessed valuation of the taxable property in such school district, 
and bearing a rate of interest not exceeding six per cent, per annum, 
payable annually or semi-annually, at such times as they think best : 
Provided, That the question of issuing such bonds be first submitted 
to the qualified voters of such school district, at an election to be 
held upon the written petition of one-third of the qualified voters 
and one-third of the resident freeholders of the age of twenty-one 
years, approved by the Cotmty Board of Education, to determine 
whether said bonds shall be issued or not, as provided in Sections 76 
to 80, inclusive, of this Act: Provided, further, That before any 
election is held under the provisions of said sections, it shall be the 
duty of the School District Board of Trustees to have a survey made 
of the school district by some competent surveyor, and a plat 
thereof made and filed in the office of the Clerk of Court, unless such 
survey has already been made and is on file in that office. 

Sec. 76. For the purpose of determining the question, whether the 
bonds mentioned in Section 75, shall be issued, the trustees aforesaid, 
upon the filing of such petition with them, shall order an election to 
be held at some place in their school district to be designated by 
them in their order, on the question whether such bonds shall be 
issued or not. In such election only qualified voters residing in the 
school district shall be allowed to vote. The said School District 
Board of Trustees shall designate the time and place of such election, 
and give notice thereof in some newspaper published in the county, 
and by posting such notices in at least three public places within such 
school district for two weeks, unless there be no newspaper pub- 
lished within the county, in which event the posting of the notices 
as above directed will suffice, and shall appoint the managers of such 
election, and pay them the same per diem allowed managers of gen- 
eral elections, and receive and canvass the returns of the managers, 
and declare the result of the election. A record of the steps leading 
to the election, and of the returns and declaration of the result shall 
be made by the said School District Board of Trustees, and filed in 
the office of the County Superintendent of Education, and there 
recorded in a book to be kept by him. 

Sec. 77. The said election shall be by ballot, and the ballots used 
shall have on them the words "For Bonds" or "Against Bonds." 
If a majority of the votes cast at such election, shall be for the 
issuance of bonds, the same may be issued, but they shall be payable 
at a time not longer than twenty years from the date of issue thereof, 
and shall not be sold below par, and the entire proceeds of their sale, 



77 



Sec. 76. Practically old law with addition of record. 



Sec. 77. Practically old law. 



78 

or money borrowed upon them, shall be used by said School District 
Trustees for the purchasing of school lots, erecting or improving 
school buildings, equipping or maintaining the schools of such dis- 
trict, or paying the past indebtedness of such school district, and 
such bonds and coupons of the same shall constitute a lien upon the 
property of such school district. All bonds issued under Sections 
75 to 80, inclusive, of this Act, shall be signed by the School District 
Board of Trustees : Provided, That the signatures of said trustees 
may be lithographed or engraved upon the coupons attached to any 
bond, and such lithographed signatures shall be a sufficient signing 
of such coupons. 

Sec. 78. It shall be the duty of the county officers charged with the 
assessment and collection of taxes to levy annually upon all taxable 
property within the limits of the school district issuing said bonds, a 
sum sufficient, both to pay the interest on such bonds, and to provide 
a sinking fund for the payment of said bonds when due. The cou- 
pons on said bonds shall be receivable for the payment of school 
taxes, other than the poll tax and the constitutional three-mill tax in 
such school district. It shall be the duty of the School District 
Board of Trustees of such school district to certify to the County 
Auditor the arhount of special tax levy to be made for purposes men- 
tioned in this section, and the County Auditor shall enter the same 
upon the tax duplicates as a charge against the taxable property in 
such school district. The said tax shall be annually collected at the 
same tim.e and in the same manner as other school and coimty taxes. 

Sec. 79. The proceeds from the sale of all school bonds issued and 
sold under the provisions of Sections 75 to 80, inclusive, of this 
Act, shall be deposited with the County Treasurer of the coimty in 
which the school district is located, and shall be receipted for by 
such County Treasurer, and shall be paid out by him only upon the 
warrant of the School District Board of Trustees of such district, 
approved by the County Superintendent of Education. 

Sec. 80. The County Treasurers of the counties in which the 
school districts, issuing such bonds as are provided for in Sections 
75 to 80, inclusive, of this Act, are situated, are directed and required 
to deposit all moneys belonging to the sinking fund provided for in 
Section 18, which may accumulate under the provisions of said sec- 
tions in some savings institution or bank, approved by the School 
District Board of Trustees of such district and by the State Bank 
Examiner, at the best rate of interest that he may be able to obtain 
from such bank until the said bonds mature: Provided ^ however, 



79 



Sec. 78. Practically old law. 



Sec. 79. Old law. 



Sec. 80. Amendment to present law designed to guarantee the 
payment of school district bonds and to protect the tax payers. 



80 

That the said County Treasurers shall, at any time, at the direction 
of said Board of Trustees, with the approval of the State Rank 
Examiner, change the place, bank or institution, of deposit of said 
funds. 

Sec. 81. Nothing in this Act shall be construed to affect any bonds 
already issued, voted, or sold by any school district under the author- 
ity of special Acts of the General Assembly. 

Sec. 82. All bonds hereafter issued or sold, or to be hereafter 
issued or sold by any school district under the provisions of Sections 
75 to 80 of this Act, shall be exempt from all taxation for State, 
county, municipal or school purposes. 

Sec. 83. Each County Treasurer shall make out and forward to 
the State Superintendent of Education annually, on or before the 
15th day of August, a certified statement showing by school districts 
the amount of poll tax, and the amount of all other school taxes col- 
lected by him for the fiscal year ending on the 31st day of December 
next preceding ; and should any County Treasurer fail or neglect or 
refuse to make and forward the statement as herein required, the 
State Superintendent shall make a written complaint to the Circuit 
Solicitor for the county in which said Treasurer resides,, who shall 
prosecute such County Treasurer for such offense, and, upon con- 
viction thereof, such County Treasurer shall be subject to a fine of 
not more than five hundred dollars, which, when collected, shall be 
used for school purposes in his county. 

Sec. 84. The State Superintendent may advertise for bids for all 
printing required to be done under the provisions of this Act, and 
let the contract or contracts to the lowest bidder therefor, who shall 
be required, to file with his bid, a bond in double the amount of the 
bid, with surety to be approved by said State Superintendent of Edu- 
cation, conditioned for the faithful performance of the contract. 

Sec. 85. The members of the State Board of Education appointed 
by the Governor, the members of the County Boards of Education, 
and the members of the School District Boards of Trustees shall be 
exempt from militia duty. 

Sec. 86. Nothing contained in this Act shall be construed to 
repeal the special Acts of the General Assembly creating special and 
graded school districts, unless expressly so declared herein. 

Sec. 87. It shall be unlawful for any person wilfully or unneces- 
sarily to interfere with or to disturb in any way or in any place the 
students or teachers of any school or college in this State attended by 
women or girls ; and it shall be unlawful for any person to loiter 



81 



Sec. 81. Present law. 



Sec. 82. This section continues the present law, which has proved 
of material assistance to trustees offering school district bonds for 
sale. 

Sec. 83. Date changed from November 1 to August 15 ; unless the 
report is received earlier it cannot be transmitted in proper shape to 
the General Assembly. 



Sec. 84. Old law. 



Sec. 85. Old law. 

Sec. 86. An important provision guaranteeing to special districts 
organized under special Acts of the General Assembly and includ- 
ing a population of two thousand five hundred according to the 
United States census of 1910, a continuance of the privileges con- 
ferred by said Acts, except the right of text-book adoption, and the 
use of school funds, where the claims therefor have not been 
approved by the County Superintendent of Education. Every free 
public school in the State must, under this Act, use the text-books 
adopted by the State Board of Education and the text-book com- 
mission. 



82, 

about such school or college premises or to act in an obnoxious man- 
ner thereon. Any person violating any of the provisions of this 
section shall be guilty of a misdemeanor, and, on conviction thereof, 
shall pay a fine of not less than ten dollars, or be imprisoned in the 
county jail for not less than ten days. 

Sec. 88. If any trustee, teacher, or other officer or employee, con- 
nected in any way with the public schools or colleges of this State, 
shall knowingly make, or cause to be made, any false entry in any 
report to a public official, he shall be guilty of a misdemeanor, and, 
upon conviction thereof, shall be punished by a fine of not less than 
twenty-five dollars nor more than one hundred dollars, or by impris- 
onment on the public works of the county or in the county jail for 
not less than fifteen nor more than thirty days : Provided, That noth- 
ing in this section shall forbid the punishment of such person for 
forgery if the false entry be made in such circumstances as to amount 
to forgery under the existing law. 

Sec. 89. Any person violating the provisions of Sections 31 or 56 
of this Act shall be guilty of a misdemeanor, and, upon conviction 
thereof, shall be punished by a fine of not more than one hundred 
dollars or be imprisoned for not more than thirty days, and shall be 
removed from his office or employment. 

Sec. 90. Whenever in the school law of this State any act or fail- 
ure to act is designated as a misdemeanor and no penalty is specified, 
it shall be punished by a fine of not exceeding one hundred dollars 
or imprisonment not exceeding thirty days. 

Sec. 91. Sections 418, 419, 420, 421, 423, 424, 428 and 429 of the 
Criminal Code, Volume II, Code of Laws of South Carolina, 1902, 
are hereby re-enacted and declared to be a part of the school law 
of this State. 

Sec. 92. All Acts or parts of Acts inconsistent with this Act shall 
be, and the same are hereby, repealed. 



83 

Sec. 87. An addition designed to protect more adequately girls' 
colleges and all female pupils of the free public schools. 



Sec. 88. This section is necessary if reliable school statistics are to 
be secured. 



Sec. 89. Old law with penalty added. See Sections 31 and 56. 



Sec. 90. Addition to present law. 



Sec. 91. Criminal provision. Old law. 



Sec. 92. Essential to the completeness of this Act. 



LB N '12 



